Ex parte HEITSCHEL et al. - Page 9




          Appeal No. 1999-0880                                                        
          Application No. 08/700,610                                                  

          with which applicants were involved.  That problem was the                  
          elimination of DIP switches to set codes in a transmitter and               
          receiver.  Applicants’ solution was to employ RF signals and                
          to use a non-user changeable code in the transmitter and have               
          the receiver learn that code from the transmitter when the                  
          device is in a program mode.  We do not find Early’s key for                
          operating a locking mechanism by optical means to be                        
          reasonably pertinent to applicants’ problem of eliminating the              
          use of DIP switches in RF-remote control devices nor do we                  
          find Early suggestive, in any manner, of a non-user-changeable              
          code in a transmitter which is learned by a receiver in a                   
          program mode.                                                               
               We find Early to constitute non-analogous art and, as                  
          such, to be not applicable to the instant claimed invention.                
          Since the examiner has relied on Early for each and every one               
          of the rejections of the claims under 35 U.S.C. § 103, we will              
          not sustain the rejection of claims 20 through 45 under 35                  
          U.S.C.                                                                      
          § 103 based on any combination of references set forth by the               
          examiner.  None of the remaining references discloses or                    
          suggests the claimed non-user changeable code in a transmitter              

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